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International Commission of Inquiry for Burundi: Charter1

Resolution 1012 (1995)

Adopted by the Security Council at its 3571st meeting, on 28 August 1995

The Security Council,

Having consideredthe report of the Preparatory Fact-finding Mission to Burundi dated

20 May 1994 (S/1995/157),

Having further consideredthe report of the Security Council's mission to Burundi

dated 9 March 1995 (S/1995/163),

Recallingthe statement by the President of the Council of 29 March 1995

(S/PRST/1995/13), in which the Council, inter alia, underlined the role that could beplayed in Burundi by an international commission of inquiry into the 1993 coup

attempt and into the massacres that followed,

Welcomingthe letter of the Secretary-General to the President of the Council dated 28

July 1995 (S/1995/631) recommending that such a commission of inquiry should be

created by resolution of the Council,

Taking into accountthe initiative of the Government of Burundi in calling for the

establishment of an international judicial commission of inquiry as referred to in the

Convention of Government (S/1995/190, annex),

Recalling alsothe letter of the Permanent Representative of Burundi (S/1995/673)

dated 8 August 1995 noting with interest the letter of the Secretary-General of 28 July

1995,

Taking notethat the parties in Burundi, in the Convention of Government, agreed,

without prejudice to the outcome of the independent national and international

investigations, to call the massacres which followed the assassination of the

President of Burundi on 21 October 1993 genocide,

1Posted by USIP Library on: January 13, 2004Source Name: United Nations Security Counci l, S/RES/1012 (1995); from the Official DocumentSystem of the United Nations [ODS], retrieved through UNBISnet database [UN BibliographicInformation System]Source URL: http://unbisnet.un.org/ [UN Bibliographic Information System] and http://daccess-ods.un.org/ [ODS]Date downloaded: September 29, 2003Note: Modif ied title: Security Council resolution 1012 (1995) [on establishment of an internationalcommission of inquiry in Burundi]

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Deeply concernedthat impunity creates contempt for law and leads to violations of

international humanitarian law,

Expressing once againits grave concern at reports indicating that systematic,

widespread and flagrant violations of international humanitarian law have been

committed in Burundi,

Stressingthe importance of strengthening, in cooperation with the Government of

Burundi, the Burundi judicial system,

Reiterating its profound concern over the resumption of radio broadcasts inciting

ethnic hatred and violence and recognizingthe need for ending such broadcasts,

Recallingthat all persons who commit or authorize the commission of serious

violations of international humanitarian law are individually responsible for these

violations and should be held accountable,

1. Requests the Secretary-General to establish, as a matter of urgency, aninternational commiss ion of inquiry, with the following mandate:

a. To establish the facts relating to the assassination of the President of Burundion 21 October 1993, the massacres and other related serious acts of violencewhich followed;

b. To recommend measures of a legal, political or administrative nature, asappropriate, after consultation with the Government of Burundi, and measureswith regard to the bringing to justice of persons responsible for those acts, to

prevent any repetition of deeds similar to those investigated by the commissionand, in general, to eradicate impunity and promote national reconciliation inBurundi;

2. Recommends that the international commiss ion of inquiry be composed of fiveimpartial and internationally respected, experienced jurists who shall be selectedby the Secretary-General and shall be furnished with adequate expert staff, andthat the Government of Burundi be duly informed;

3. Calls upon States, relevant United Nations bodies and, as appropriate,international humanitarian organizations to collate substantiated information in

their possess ion relating to acts covered in paragraph 1 (a) above, to make suchinformation available as soon as possible and to provide appropriate assistanceto the commission of inquiry;

4. Requests the Secretary-General to report to the Council on the establishment ofthe commission of inquiry, and further requests the Secretary- General, withinthree months from the establishment of the commiss ion of inquiry, to submit aninterim report to the Council on the work of the commission and to submit a final

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report when the commission completes its work;

5. Calls upon the Burundi authorities and institutions, including all Burundi politicalparties, to fully cooperate with the international commission of inquiry in theaccomplishment of its mandate, including responding positively to requests from

the commission for security, assistance and access in pursuing investigations,including:

a. Adoption by the Government of Burundi of any measures needed for thecommission and its personnel to carry out their functions throughout thenational territory with full freedom, independence and security;

b. Provision by the Government of Burundi of all information in its possess ionwhich the commission requests or is otherwise needed to carry out its

mandate and free access for the commission and its staff to any officialarchives related to its mandate;

c. Freedom for the commission to obtain any information the commissionconsiders relevant and to use all sources of information which the commissionconsiders useful and reliable;

d. Freedom for the commission to interview, in private, any persons thecommission judges necessary;

e. Freedom for the commission to visit any establishment or place at any time;

f. Guarantee by the Government of Burundi of full respect for the integrity, security

and freedom of witnesses, experts and any other persons who help thecommission in its work;

6. Calls upon all States to cooperate with the commission in facilitating itsinvestigations;

7. Requests the Secretary-General to provide adequate security for the commissionin cooperation with the Government of Burundi;

8. Requests the Secretary-General to establish, as a supplement to financing as anexpense of the Organization, a trust fund to receive voluntary contributions to

finance the commission of inquiry;

9. Urges States and intergovernmental and non-governmental organizations tocontribute funds, equipment and services to the commission of inquiry includingthe offer of expert personnel in support of the implementation of this resolution;

10. Decides to remain actively seized of the matter.